A judge in California said there wasn't evidence to stop construction of a $360 million casino on the Jamul Indian Village.

Karen Toggery and Walter Rosales sued Caltrans, a state agency, over road work near the casino site. They claimed their ancestors' graves were damaged but Judge Ronald Prager said there wasn't enough evidence.

Toggery and Rosales are represented by attorney Patrick Webb. He's also representing the Jamul Action Committee in a different lawsuit that seeks to stop construction of the casino.

A hearing in that case takes place in federal court on May 23, The San Diego Union-Tribune reported. The committee is suing the federal government.